IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

SHADEE ABUSAAB ) 

 ) 

 Plaintiff, ) 

 vs. ) 

 ) Civil Action No. 

EQUIFAX INFORMATION SERVICES LLC ) 

 and ) 

EXPERIAN INFORMATION ) 

SOLUTIONS, INC. ) 

 ) 

 Defendants ) 

 ) 

 

COMPLAINT

I. Preliminary Statement

1. This is an action for damages brought by an individual consumer against the 

Defendants for violations of the Fair Credit Reporting Act (hereafter the “FCRA”), 15 U.S.C. 

§1681 et seq., as amended, and various other laws of the Commonwealth of Pennsylvania. 

II. Jurisdiction and Venue

2. Jurisdiction of this Court arises under 15 U.S.C. § 1681p, 28 U.S.C. §1331, 1337, 

and supplemental jurisdiction exists for the state law claims pursuant to 28 U.S.C. §1367. 

3. Venue lies properly in this district pursuant to 28 U.S.C. §1391(b). 

III. Parties

4. Plaintiff Shadee Abusaab is an adult individual and citizen of the Commonwealth 

of Pennsylvania who resides at 7350 Shisler Street, Philadelphia, PA 19111. 

5. Defendant Equifax Information Services LLC (hereafter “EIS”) is a business 

entity which regularly conducts business in Philadelphia County, Pennsylvania, and which has a 

principal place of business located at 1550 Peach Tree Street, N.W., Atlanta, GA 30309. 

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6. Defendant Experian Information Solutions, Inc. (hereafter “Experian”) is a 

business entity that regularly conducts business in Philadelphia County, Pennsylvania, and which 

has a principal place of business located at 505 City Parkway West, Orange, CA 92868. 

IV. Factual Allegations

7. Defendants have been reporting derogatory and inaccurate statements and 

information relating to Plaintiff and Plaintiff’s credit history to third parties (hereafter the 

“inaccurate information”). 

8. The inaccurate information includes, but is not limited to, a judgment, an account 

with GMAC, and personal identifying information. 

9. The inaccurate information negatively reflects upon the Plaintiff, Plaintiff’s credit 

repayment history, Plaintiff’s financial responsibility as a debtor and Plaintiff’s credit 

worthiness. The inaccurate information consists of accounts and/or tradelines that do not belong 

to the Plaintiff, or which misrepresent the payment history and/or status of accounts that do 

belong to the Plaintiff as well as incorrect personal identifying information. 

10. Defendants have been reporting the inaccurate information through the issuance 

of false and inaccurate credit information and consumer credit reports that they have 

disseminated to various persons and credit grantors, both known and unknown. 

11. Plaintiff has repeatedly disputed the inaccurate information with the Defendants 

by both oral and written communications to their representatives and by following EIS and 

Experian’s established procedure for disputing consumer credit information. 

12. Plaintiff has repeatedly disputed the inaccurate information with Defendants on 

multiple occasions, including but not limited to, from June of 2005 through the present. 

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13. In addition to repeatedly disputing the inaccurate information, Plaintiff has 

provided Defendants with extrinsic written documentation corroborating Plaintiff’s disputes. 

14. Notwithstanding Plaintiff’s efforts, Defendants have sent Plaintiff correspondence 

indicating their intent to continue publishing the inaccurate information and Defendants 

continued to publish and disseminate such inaccurate information to other third parties, persons, 

entities and credit grantors. Defendants have repeatedly published and disseminated consumer 

reports to such third parties, including but not limited to, from June of 2005 through the present. 

15. Despite Plaintiff’s efforts, Defendants have never: 1) contacted the Plaintiff to 

follow up on, verify and/or elicit more specific information about Plaintiff’s disputes; 2) 

contacted any third parties that would have relevant information concerning Plaintiff’s disputes; 

3) forwarded any relevant information concerning Plaintiff’s disputes to the entities originally 

furnishing the inaccurate information; and 4) requested or obtained any other relevant documents 

from the entities furnishing the inaccurate information. 

16. Despite Plaintiff’s exhaustive efforts to date, Defendants have nonetheless 

deliberately, willfully, intentionally, recklessly and negligently repeatedly failed to perform 

reasonable reinvestigations of the above disputes as required by the FCRA, have failed to 

remove the inaccurate information, have failed to report on the results of its reinvestigations to 

all credit reporting agencies, have failed to note the disputed status of the inaccurate information 

and have continued to report the derogatory inaccurate information about the Plaintiff. 

17. Despite Plaintiff’s repeated requests and payments for goods and services in the 

form of consumer versions of Defendants’ credit reports and to investigate and correct inaccurate 

information disputed by Plaintiff, Defendants have refused and failed to furnish Plaintiff with 

timely disclosures of Plaintiff’s credit reports and to investigate Plaintiff’s disputes. 

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18. Plaintiff has applied for and has been denied various loans and extensions of 

consumer credit on many different occasions, and Plaintiff has been informed that the basis for 

these denials was the inaccurate information that appears on Plaintiff’s credit reports and that the 

inaccurate information was a substantial factor for those denials. 

 19. Plaintiff’s credit reports and file have been obtained from Defendants and have 

been reviewed many times by prospective and existing credit grantors and extenders of credit, 

and the inaccurate information has been a substantial factor in precluding Plaintiff from 

receiving many different credit offers and opportunities, known and unknown, and from 

receiving the most favorable terms in financing and interest rates for credit offers that were 

ultimately made. 

 20. As a result of Defendants’ conduct, Plaintiff has suffered actual damages and 

serious financial and pecuniary harm arising from monetary losses relating to credit denials, loss 

of use of funds, loss of credit and loan opportunities, excessive and/or elevated interest rate and 

finance charges, out-of-pocket expenses including, but not limited to, local or long distance 

telephone calls, postage, faxing and other related costs, all of which will continue into the future 

to Plaintiff’s great detriment and loss. 

 21. As a result of Defendants’ conduct, Plaintiff has suffered great physical, 

emotional and mental pain and anguish, and Plaintiff will continue to suffer the same for an 

indefinite time in the future, all to Plaintiff’s great detriment and loss. 

 22. As a result of Defendants’ conduct, Plaintiff has suffered actual damages in the 

form of financial and dignitary harm arising from the injury to credit rating and reputation, and 

Plaintiff will continue to suffer the same for an indefinite time in the future, all to Plaintiff’s 

great detriment and loss. 

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 23. As a result of Defendants’ conduct, Plaintiff has suffered a decreased credit score 

as a result of multiple inquiries appearing on Plaintiff’s credit file. 

 24. At all times pertinent hereto, Defendants were acting by and through their agents, 

servants and/or employees who were acting within the course and scope of their agency or 

employment, and under the direct supervision and control of the Defendants herein. 

 25. At all times pertinent hereto, the conduct of the Defendants, as well as that of 

their agents, servants and/or employees, was malicious, intentional, willful, reckless, and in 

grossly negligent disregard for federal and state laws and the rights of the Plaintiff herein. 

V. CLAIMS

COUNT ONE - FCRA

 26. Plaintiff incorporates the foregoing paragraphs as though the same were set forth 

at length herein. 

 27. At all times pertinent hereto, Defendants were “persons” and “consumer reporting 

agencies” as those terms are defined by 15 U.S.C. § 1681a(b) and (f). 

 28. At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 

15 U.S.C. § 1681a(c). 

 29. At all times pertinent hereto, the above-mentioned credit reports were “consumer 

reports” as that term is defined by 15 U.S.C. § 1681a(d). 

30. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Defendants are liable to the 

Plaintiff for engaging in the following conduct: 

 (a) willfully and negligently failing to conduct a proper and reasonable 

reinvestigation concerning the inaccurate information after receiving notice of the dispute from 

the Plaintiff, in violation of 15 U.S.C. §1681i(a); 

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 (b) willfully and negligently failing to provide prompt notice of the inaccurate 

information and Plaintiff’s dispute to the furnishing entities, in violation of 15 U.S.C. §1681i(a); 

 (c) willfully and negligently failing to provide all relevant information 

provided by the Plaintiff regarding the dispute of the inaccurate information to the furnishing 

entities, in violation of 15 U.S.C. §1681i(a); 

(d) willfully and negligently failing to review and consider all relevant 

information submitted by the Plaintiff concerning the dispute of the inaccurate information, in 

violation of 15 U.S.C. §1681i(a); 

(e) willfully and negligently failing to delete the inaccurate information from 

Plaintiff’s credit file after reinvestigation, in violation of 15 U.S.C. §1681i(a); 

 (f) willfully and negligently failing to note the Plaintiff’s dispute of the 

inaccurate information and in subsequent consumer reports, in violation of 15 U.S.C. §1681i(c); 

 (g) willfully and negligently failing to timely and properly investigate the 

inaccurate information after receiving notice of the dispute from the Plaintiff; 

 (h) willfully and negligently failing to employ and follow reasonable 

procedures to assure maximum possible accuracy of Plaintiff’s credit report, information and 

file, in violation of 15 U.S.C. §1681e(b); 

 (i) willfully and negligently failing to properly and timely delete the 

inaccurate information from the Plaintiff’s credit files despite being unable to verify the 

accuracy of the information and/or being provided with proof of its inaccuracy; and 

 (j) willfully and negligently continuing to report the inaccurate information 

despite having knowledge of its inaccuracy and/or inability to be verified. 

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 31. The conduct of Defendants was a direct and proximate cause, as well as a 

substantial factor, in bringing about the serious injuries, actual damages and harm to the Plaintiff 

that are outlined more fully above and, as a result, Defendants are liable to the Plaintiff for the 

full amount of statutory, actual and punitive damages, along with the attorneys’ fees and the 

costs of litigation, as well as such further relief, as may be permitted by law.

COUNT TWO - DEFAMATION

 32. Plaintiff incorporates the foregoing paragraphs as though the same were set forth 

at length herein. 

 33. Defendants have published statements both orally and through writing to various 

creditors, prospective credit grantors, other credit reporting agencies, and other entities that the 

above-referenced derogatory inaccurate information belong to the Plaintiff. 

 34. Defendants have published these statements each time a credit report on the 

Plaintiff has been requested from any creditor, prospective credit grantors furnisher or other 

source. 

 35. The statements made by Defendants are false in that they inaccurately reflect 

Plaintiff’s credit information and debt repayment history, and paint Plaintiff as financially 

irresponsible and delinquent. 

 36. Defendants have published these statements to at least every single creditor, 

furnisher or prospective creditor or other entity that has requested Plaintiff’s credit report. 

 37. Defendants knew that the statements were false when made, and had no factual 

basis for making the statements, as Plaintiff has notified them repeatedly through writing, 

telephone communication and extensive documentation that the above inaccurate information 

was inaccurate for the reasons stated above. 

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 38. Nonetheless, Defendants continue to publish the false and negative statements 

concerning the Plaintiff’s credit history up through the present time. 

 39. The written statements and publications constitute libel per se. 

 40. The oral statements and publications constitute slander per se. 

 41. In addition, and despite the repeated notices from Plaintiff, Defendants have acted 

with malice by failing to communicate the information provided to them by Plaintiff to all 

creditors, prospective creditors, furnishers of information and all other entities to whom it 

provides credit information concerning the Plaintiff. 

 42. Defendants’ conduct was a direct and proximate cause, as well as a substantial 

factor, in bringing about the serious injuries, damages and harm to the Plaintiff that are outlined 

more fully above and, as a result, Defendants are liable to compensate the Plaintiff for the full 

amount of actual damages, compensatory damages and punitive damages, as well as such other 

relief, permitted under the law. 

COUNT THREE – CPL

 43. Plaintiff incorporates the foregoing paragraphs as though the same were set forth 

at length herein. 

 44. Plaintiff and Defendants are “persons” as defined by § 201-2 of the Pennsylvania 

Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201.1 et seq. (“CPL”). 

 45. The above described purchases by Plaintiff from Defendants constitute 

“commerce” and the “sale or distribution of any services and any property” as defined by 73 P.S. 

§ 201-2 of the CPL. 

 46. Pursuant to 15 U.S.C. §1681s, any violation of the FCRA constitutes an unfair or 

deceptive act or practice in violation of the CPL. 

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 47. Defendants violated the CPL by engaging in the following conduct: 

 (a) intentionally, willfully, recklessly and negligently failing to follow 

reasonable procedures to assure maximum possible accuracy in the credit reports they 

disseminated concerning the Plaintiff; 

 (b) intentionally, willfully, recklessly and negligently failing to properly and 

timely reinvestigate the inaccurate information disputed by the Plaintiff; 

 (c) failing to delete the inaccurate information concerning the Plaintiff after 

the Plaintiff notified Defendants of the dispute; 

 (d) intentionally, willfully, recklessly and negligently reporting the inaccurate 

information concerning the Plaintiff; 

(e) engaging in all other conduct set forth in the foregoing paragraphs; and 

 (f) intentionally, willfully, recklessly and negligently failing to provide 

timely reports to Plaintiff despite repeated requests by Plaintiff. 

48. Defendants’ conduct was a direct and proximate cause, as well as a substantial 

factor, in bringing about the serious injuries, damages and harm to the Plaintiff that are outlined 

more fully above and, as a result, Plaintiff has suffered ascertainable losses entitling Plaintiff to 

an award of statutory, actual and treble damages, attorney’s fees and costs, as well as other relief, 

permitted under the law. 

COUNT FOUR - NEGLIGENCE

 49. Plaintiff incorporate the foregoing paragraphs as if the same were set forth at 

length herein. 

 50. Defendants’ negligence consists of the following: 

(a) Violating the FCRA as set forth above; 

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(b) Violating the CPL as set forth above; 

(c) Disregarding Plaintiff’s rights and failing to comply with the laws and regulations 

of the Commonwealth of Pennsylvania as set forth above; 

(d) Failing to conduct a proper and reasonable reinvestigation concerning the 

 inaccurate information after receiving notice of the dispute from the Plaintiff; 

(e) Failing to provide prompt notice of the inaccurate information and Plaintiff’s 

dispute to creditors; 

(f) Failing to provide all relevant information provided by the Plaintiff regarding the 

dispute of the inaccurate information to creditors; 

(g) Failing to review and consider all relevant information submitted by the Plaintiff 

concerning the dispute of the inaccurate information; 

(h) Failing to delete or correct the inaccurate information from Plaintiff’s credit file 

after reinvestigation; 

(i) Failing to note the Plaintiff’s dispute of the inaccurate information and in 

subsequent consumer reports; 

(j) Failing to timely and properly investigate the inaccurate information after 

receiving notice of the dispute from the Plaintiff; 

(k) Failing to employ and follow reasonable procedures to assure maximum possible 

accuracy of Plaintiff’s credit report, information and file; 

(l) Failing to properly and timely delete the inaccurate information from the 

Plaintiff’s credit files despite being unable to verify the accuracy of the 

information and/or being provided with proof of its inaccuracy; and 

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(k) Continuing to report the inaccurate information despite having knowledge of the 

 inaccuracies and/or the inability to be verified. 

 51. As a result of Defendants’ above mentioned conduct, 

Plaintiff sustained and continues to sustain the losses and damages as set forth above. 

 52. The conduct of Defendants was a direct and proximate cause, as well as a 

substantial factor, in bringing about the serious injuries, damages and harm to Plaintiff that are 

outlined more fully above and, as a result, Defendants are liable to compensate the Plaintiff for 

the full amount of actual and compensatory damages, as well as such other relief, permitted 

under the law. 

COUNT FIVE – INVASION OF PRIVACY/FALSE LIGHT

53. Plaintiff incorporates the foregoing paragraphs as though the same were set forth 

at length herein. 

54. Defendants’ above actions violated Plaintiff’s right of privacy by placing the 

Plaintiff in a false light before the eyes of others, including potential credit grantors and creditors 

as well as family, friends and the general public. 

 55. By such unauthorized invasion, publication and circulation of Plaintiff’s name 

and the inaccurate information, Defendants invaded Plaintiff’s right to privacy, subjected 

Plaintiff to ridicule and contempt, injured Plaintiff’s personal esteem, reflected disgracefully on 

Plaintiff’s character, diminished Plaintiff’s high standing, reputation and good name among 

family, friends, neighbors and business associates, destroyed Plaintiff’s peace of mind, and 

caused Plaintiff severe mental and emotional distress. 

56. The conduct of Defendants was a direct and proximate cause, as well as a 

substantial factor, in bringing about the serious injuries, damages and harm to Plaintiff that are 

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outlined more fully above and, as a result, Defendants are liable to compensate the Plaintiff for 

the full amount of actual, compensatory and punitive damages, as well as such other relief, 

permitted under the law. 

VI. JURY TRIAL DEMAND

57. Plaintiff demands trial by jury on all issues so triable.

VII. PRAYER FOR RELIEF

 WHEREFORE, Plaintiff seeks judgment in Plaintiff’s favor and damages against the 

Defendants, based on the following requested relief: 

 (a) Actual damages; 

 (b) Statutory damages; 

 (c) Punitive damages; 

 (d) Costs and reasonable attorney's fees pursuant to 15 U.S.C. §§1681n, 1681o, and 

73 P.S. §201-9.2(a); 

 (e) An order directing that Defendants immediately delete all of the inaccurate 

information from Plaintiff’s credit reports and files and cease reporting the inaccurate 

information to any and all persons and entities to whom they report consumer credit information; 

(f) An order directing that Defendants send to all persons and 

entities to whom they have reported Plaintiff’s inaccurate information within the last three years 

Plaintiff’s updated and corrected credit report information; and 

 

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(g) Such other and further relief as may be necessary, just and proper. 

 Respectfully submitted, 

 FRANCIS & MAILMAN, P.C. 

 

 BY: ____________________________ 

 JAMES A. FRANCIS, ESQUIRE 

 MARK D. MAILMAN, ESQUIRE 

JOHN SOUMILAS, ESQUIRE 

MICHAEL J. SZYMBORSKI, ESQ. 

Land Title Building, 19th Floor 

100 South Broad Street 

 Philadelphia, PA 19110 

 (215) 735-8600 

 Attorneys for Plaintiff 

Dated: September 23, 2005 

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